Are van-accessible parking spaces in Louisiana state lots reserved only for vans?

Plain-English summary

Louisiana's Office of State Buildings asked whether it had to add “only” to signs marking van-accessible parking spaces so that other vehicles licensed for mobility-impaired users could not park there. In 2005, the Attorney General said no. The federal accessibility guidance described the van-accessible sign as alerting van users to a wider aisle, while expressly stating that the space was not intended to be restricted only to vans.

The AG said the Office should not honor the request to exclude other eligible vehicles. Under its reading of the federal guidelines adopted in Louisiana's public-facility accessibility law, the marked spaces were available to all users licensed as mobility-impaired, whether they drove vans or other vehicles.

Currency note

This opinion was issued in 2005 under the accessibility guidelines and statutes it cited. Verify current federal and Louisiana parking standards before changing signs or enforcement practices.

What this means for you

State building and parking managers

The AG said a “Van-Accessible” sign should not be changed to “Van-Accessible Only.” It identified the sign's purpose as alerting van users to the wider aisle, without excluding other vehicles licensed for mobility-impaired users.

Drivers with mobility impairments

The opinion said an eligible driver was not barred from a van-accessible space solely because the vehicle was not a van. It did not create a separate priority rule between eligible drivers.

Common questions

Is a van required to park in a van-accessible space?

No under this opinion. The AG said the space was available to all users licensed as mobility-impaired.

Why is the space labeled “Van-Accessible”?

The ADAAG passage quoted by the AG said the additional sign alerts van users to the wider aisle.

Could the Office of State Buildings add “Only” to the sign?

The AG said it should not honor that request, because the guideline did not intend to reserve the space exclusively for vans.

Background and statutory framework

The opinion said 28 C.F.R. § 36.406(a) incorporated the ADA Accessibility Guidelines for the facilities discussed, and cited Louisiana accessibility statutes including LSA-R.S. 40:1733. ADAAG Section 4.6.4 required an additional “Van-Accessible” sign, while Section A4.6.3 explained its wider-aisle purpose and rejected a vans-only restriction.

Citations

• 28 C.F.R. § 36.406(a) (accessibility guideline reference).
• ADAAG Section 4.6.4 (van-accessible sign).
• ADAAG Section A4.6.3 (wider aisle and no vans-only restriction).
• LSA-R.S. 40:1733 (Louisiana accessibility statute cited by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0185

Original opinion text

October 5, 2005
OPINION NO. 05-0185

42 U.S.C. 12181, et seq., 28 C.F.R. § 36.406(a) ADAAG Section 4.1.2(5)(a), ADAAG Section 4.1.2(5)(b), ADAAG Section 4.6.4, ADAAG
Section A4.6.3
LSA-R.S. 40:1733, LSA-R.S. 40:1735, LSA-R.S. 40:1742
Robert L. Hunt
The Office of State Buildings should not honor the request
Safety /Risk Manager
to restrict “van-accessible” spaces to only van drivers.
Office of State Buildings
Rather, the “van-accessible” spaces are available to all
those who are licensed as mobility-impaired.
Post Office Box 44001
Baton Rouge, Louisiana 70804-4001

Dear Mr. Hunt:

Your request for an Attorney General Opinion has been forwarded to me for research and reply.

In your request, you explained that the Office of State Buildings maintains buildings throughout the state and provides the proper number of parking spaces for those who are mobility-impaired at each of those facilities. You explained that one or more of those designated spaces at each facility has a “Van-Accessible” sign. You further explained that a citizen has requested that the word “only” be added to the “Van-Accessible” sign so that other vehicles licensed as mobility- impaired will not park in the “Van-Accessible” spaces. Accordingly, you have requested an opinion from this office regarding whether state or federal law requires the Office of State Buildings to honor this request. For the reasons stated below, the answer to this question is no.

The Americans with Disabilities Act of 1990 (“ADA”), which was codified in 42 U.S.C. 12181, et seq., prohibits discrimination on the basis of disability in public accommodations. Moreover, the ADA requires public accommodations and facilities be constructed to comply with the ADA Accessibility Guidelines for Buildings and Facilities (“ADAAG”), which is contained in Appendix A to 28 C.F.R. Part 36. See 28 C.F.R. § 36.406(a). The Louisiana State Legislature also adopted the ADAAG guidelines so that public facilities in Louisiana would be in compliance with the ADA, including those regulations regarding parking for the mobility-impaired. See LSA-R.S. 40:1733; LSA-R.S. 40:1735; LSA-R.S. 40:1742.

Page 2

Robert L. Hunt
OPINION NO. 05-0185
Page 2

Section 4.1.2(5)(a) of the ADAAG establishes the number of parking spaces in a public facility that are to be designated as accessible to those licensed as mobility-impaired, and this number is based upon the total number of spaces available in the parking lot. Section 4.1.2(5)(b) of the ADAAG requires that one out of every eight of those spaces be designated as “van-accessible” and all parking lots must have at least one “van-accessible” parking space. Under Section 4.6.4 of the ADAAG, those van accessible spaces must be designated with an additional sign that says “Van-Accessible” underneath the regular sign designating the space for those who are licensed as mobility-impaired.

This section of the ADAAG does not say that the sign is to read “Van-Accessible Only.” Further, the appendix to the ADAAG specifically states that “[a] sign is needed to alert van users to the presence of the wider aisle, but the space is not intended to be restricted only to vans.” See ADAAG Section A4.6.3. Accordingly, it was not the intent of the ADAAG to restrict spaces designated as “van-accessible” to only those with vans. Thus, the Office of State Buildings should not honor the request to restrict “van-accessible” spaces to only van drivers. Rather, the “van-accessible” spaces are available to all those who are licensed as mobility-impaired.

If this office can be of further assistance, please do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:________
KRISTI DEASON HAGOOD
ASSISTANT ATTORNEY GENERAL

KDH/jy

Page 3

OPINION NO. 05-0185

42 U.S.C. 12181, et seq.
28 C.F.R. § 36.406(a)
ADAAG Section 4.1.2(5)(a)
ADAAG Section 4.1.2(5)(b)
ADAAG Section 4.6.4
ADAAG Section A4.6.3
LSA-R.S. 40:1733
LSA-R.S. 40:1735
LSA-R.S. 40:1742

The Office of State Buildings should not honor the request to restrict “van- accessible” spaces to only van drivers. Rather, the “van-accessible” spaces are available to all those who are licensed as mobility-impaired.

Robert L. Hunt
Safety /Risk Manager
Office of State Buildings
Post Office Box 44001
Baton Rouge, Louisiana 70804-4001

Date received:
Date released: October 5, 2005

KRISTI HAGOOD
ASSISTANT ATTORNEY GENERAL